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Miami Immigration & Naturalization Law Blog

What damages can the family recover if a child dies?

Most parents in Florida would not like to outlive their children, but unfortunately that happens to certain parents. It can be devastating any time people lose loved ones, but it can particularly devastating when the loved one is their child. People have hopes and dreams for their children and want to see those fulfilled. However, other people's negligence can dash those hopes and dreams by causing a fatal accident.

When fatal accidents occur, the people responsible for causing the accident may be required to compensate the victim's family for their loss. This compensation can be a small consolation at the time, but it can also be very valuable. The damages can include loss future earnings of the victim. This is never easy to figure out, but it can be somewhat easier when everyone knows what the victim did for a job and what he or she was earning at the time of their death.

Florida has high rate of workplace death

When a Florida resident goes to work each day, they expect they will return home each night. Most of the time this is true, but occasionally a fatal workplace accident occurs that results in a family losing a beloved relative.

What qualifies as a specialty occupation for an H-1B visa?

Individuals who wish to enter the United States and work in certain professional capacities must obtain visas that qualify them for the work they are hired to do. All throughout Miami, many people possess H-1B visas that permit them to remain in the country as they work in specialized fields. This post will generally explore what qualifies as a specialty occupation for an H-1B visa and how a person may fulfill the requirements of securing permission to work in the United States.

At its base, a specialty occupation must generally require an individual to have a degree in the field of employment in which they are hired to work. Having a degree in the given field must be common to the job of the person seeking the H-1B visa, or the employer seeking to hire the individual must generally require persons in such positions to hold degrees in the applicable field.

The government's liability for accidents on public property

Private individuals or companies own much of the land in Florida, but there is still a lot of property which is owned by the government and is considered public property. In previous posts we have discussed property owners' responsibilities to keep their property free of dangerous conditions which could harm the people invited onto the property. However, what happens if someone injures themselves on a dangerous condition on public property?

If a person is injured on public property the government agency which is in charge of the property may be liable for the damages just like a private owner would be liable for premises liability. However, there are limitations on the amount the victim may be able to receive in compensation. Generally the government would not be liable for any punitive damages and their liability is capped at $200,000 by statute. If the settlement or damage award is higher than that amount, the legislature would have to approve the settlement or damages before they are paid.

U.S. immigration law: phaseout of DACA program facing challenges

Most Floridians have heard the news of the Deferred Action for Childhood Arrivals (DACA) program being phased out. Last week we discussed the implications this may have on current DACA participants. But, like a lot of legislation, this was met with legal challenges.

FDA issues warning letter to Florida stem cell clinic

There are many different medications and medical treatments in use in Florida. These are constantly being improved and new drugs and treatments are being developed. This can be a good thing and can help patients recover from medical conditions where other treatments have failed. However, these new treatments and medications can also be dangerous if they have not been properly investigated or have not been approved for use by the FDA.

Recently the FDA issued a warning letter to a stem cell clinic in South Florida. This same clinic had three different lawsuits against it a couple of years ago after stem cell injections caused patients' retinas to detach. The new warning letter is for a separate issue though. The letter states that the clinic failed to maintain records on machine maintenance and cleaning. There were also violations for not properly testing stem cell batches for toxins prior to using them.

What do the changes to the DACA law mean for immigrant Dreamers?

As many people in Florida are aware, President Donald J. Trump recently rescinded the DACA law and outlined the phase out of the program over the next six months in another change to U.S. Immigration Law. In the meantime, Congress could pass laws on this issue. However, until that happens the phase out will take place. There are many so-called "Dreamers" in Florida who may be affected by this phase out and many want to know how they will be affected immediately.

DACA protected children under age 31 of illegal immigrants who were brought to the United States by their parents before they were 16-years-old. These children were allowed to stay in the United States under DACA, provided that they were in school or graduated from high school, obtained a GED or served in the military, had not left the United States since 2007 and had not been convicted of a felony, a serious misdemeanor or multiple misdemeanors.

Helping families bring their children to Florida

There are many people in Florida who have family members in other countries. While the bond between any family member can be strong, there is a unique bond between children and parents. It is important for parents to have their children living with them. This is not always an easy process, but there are options available to parents. They can sponsor their children for visas which can start the process towards child citizenship.

However, there are a number of different visas and knowing which one is the correct visa can be complicated. This process starts with the status of the parent living in Florida. There is a one visa for U.S. citizens and a different one for permanent residents. After a parent knows the correct visa to apply for, then they must actually go through the application process. It is important to do this correctly to help ensure a child can come here as soon as possible.

Motorcyclist dies after being hit by another vehicle

There are many motorcycles on the roads in Florida. They can be a fun mode of transportation, but there are also dangers inherent in riding them that other motor vehicles do not experience. One is that if they are struck by other vehicles or they spin out, they do not have much protection from the concrete and other elements. Also, they are much smaller than most other vehicles and other drivers may not see them when they make turns or change lanes.

The results of these accidents are usually very devastating for the motorcyclist. Sometimes the motorcyclist even dies. Unfortunately a woman who was recently out riding her motorcycle with her husband died in a fatal accident.

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Our firm is a recognized leader in immigration law and litigation. We handle the spectrum from family and employment-based visas to deportation defense and immigration appeals. Founding partner Ira Kurzban authored the Immigration Law Sourcebook, widely used by immigration lawyers, judges and government officials as the authoritative field reference.

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